TOWN & COUNTRY PLANNING ACT 1990, SECTION 174

APPEALS BY BLEAKLOW INDUSTRIES LTD PURSUANT TO THE SERVICE OF ENFORCEMENT NOTICES RELATING TO LAND AT BACKDALE QUARRY, HASSOP AVENUE, DERBYSHIRE DE45 1NS

APPELLANT'S GROUNDS OF APPEAL

1.0 INTRODUCTION

1.1 This Statement sets out Grounds of Appeal pursuant to the service of two Enforcement Notices, dated 7 July 2016, relating to land at the above address. The Notices refer, respectively, to:

1. Without planning permission, the material change of use of the land, shown edged red and hatched black on the attached plan, to an unlawful use for the parking of Heavy Goods Vehicles (HGVs) including cabs and lorry bodies, and associated vehicles, not incidental to other permitted use on the site, and the storage of a caravan.

2. Without planning permission, the material change of use of the land, shown edged red and hatched black on the attached plan, to use for storage of imported building, landscaping or reclaimed materials, logs, steel container, pallets, crates and mobile buildings.

2.0 DESCRIPTION OF THE SITE AND ITS SURROUNDINGS

2.1 Backdale Quarry is located at the north-east of Hassop Road (B6001), which is known locally as Hassop Avenue, approximately 1.25 kilometres north-east of the small settlement of Hassop and a slightly longer distance to the south-west of the larger village of Calver. There is a long and complex history with regard to mineral extraction at the Quarry, culminating in the confirmation by the Secretary of State for Communities & Local Government on 6 June 2016 of the Peak District National Park (Deep Rake, Hassop), (Longstone Edge East) Prohibition Order 2013.

2.2 The effect of the Order is to prohibit the resumption of the winning and working of minerals or the depositing of mineral waste within an area that includes Backdale Quarry. The Order sets out a modified schedule of restoration requirements relating, predominantly but not exclusively, to the Quarry.

2.3 The appeal site is served by a single vehicular and pedestrian access from Hassop Road, the frontage to which, on its north-western side, comprises a dense stand of trees, punctuated only by the site entrance. Immediately to the north-west of the access, there are a range of substantial buildings and storage silos, comprising former quarry plant that until recently, has been used for the production of slaked lime putty and associated materials, used in the construction industry. These buildings are the subject of a Certificate of Lawful Existing Use or Development, under the provisions of Section 191 of the Town & Country Planning Act 1990, issued by the Peak District National Park Authority on 30 June 2014. The area containing this plant and its associated structures is not the subject of the restoration requirements or the Prohibition Order. Land adjoining the buildings that is subject to the Certificate of Lawful Existing Use or Development, immediately to the south-west and south-east of the plant is, however, subject partially to the Enforcement Notice relating to the alleged unauthorised parking of Heavy Goods Vehicles, including the vehicular access to Hassop Road. The plant and its associated structures are excluded.

2.4 To the south-west of the above area, the Quarry has three distinctly separate, generally level platforms to which the Enforcement Notices relate. The Notice relating to the parking of Heavy Goods Vehicles includes the vehicular access, as stated above, and it comprises an area of about 1600 square metres in area which includes the access to the floor of the Quarry to which the second Enforcement Notice relates. This latter area contains two separate platforms, one to the immediate north-west of the substantial stand of frontage trees, the other within the more enclosed, open floor of the Quarry.

2.5 To the north-east of Backdale Quarry, at a crossroads located approximately 250 metres from its access, Bramley Lane leads in a westerly direction to Longstone Edge. There are substantial screen mounds and tree cover to the south of Bramley Lane above the Quarry’s faces. The Quarry floor is not visible to users of this unmade highway. There is also a recently diverted public footpath (FP10) through the trees on the Hassop Road frontage to the Quarry and a further public footpath, some distance to the north-west of the Quarry’s upper edge. There are no views into the Quarry from this latter path and only limited views into the Quarry, predominantly of the plant and silos, from the diverted FP10, as it crosses the Quarry’s entrance.

2.6 A further public footpath heads in a south-westerly direction from that section of Bramley Lane leading eastwards from the crossroads. The footpath leads through Bramley plantation and Bank Wood. From a short, restricted section of this path to the north of a memorial “Rennie family” seat, there are views into the rear platform comprising the Quarry’s floor. Open views of the frontage sections of the Quarry’s platforms and of the Heavy Goods Vehicles parking areas are prevented both by the topography and very extensive intervening woodlands. These restricted views will, it is considered, continue to prevail through the winter months, even after leaf fall, because of the dense nature of the woodlands and their species.

2.7 The Prohibition Order to which reference was made above, will effectively preclude access to the open rear Quarry floor beneath the surrounding steep faces. However, as can be seen from the drawing number PPLEINCI405 4C which accompanies the Prohibition Order, an open level platform is retained between the longitudinal bund that runs broadly north to south through the site. This bund will be reinforced by the re- contouring of the existing land form which will be allowed to re-vegetate naturally. (See Appendix A).

2.8 There is an undetermined planning application (code: NP/DDD/0315/0239) which is programmed to be determined at the meeting of the National Park Authority’s Planning Committee in September 2016. The development relates to a new 1000 square metres employment building. This is proposed to replace the existing slaked lime production plant and its associated storage silos, located close to the site’s access from Hassop Road. Details of the proposed layout can be seen on drawing number: CL.206312.105 REV G which forms Appendix B to this Statement.

2.9 Apart from the existing plant, there are three other buildings within the Quarry:

1. To the north of the Quarry entrance, a long-established portacabin-type building that previously served as the administrative and sales office for Bisaklow Industries Ltd.
2. To the south of the plant, to the immediate rear of the frontage wooded area, there is a substantial garage building, constructed of corrugated sheeting.
3. To the south-east of the plant, at a distance of approximately 60 metres, there is a weighbridge and its long-established associated linked administrative building.

2.10 The buildings at 1 & 2, above, are outside the areas to which the two Enforcement Notices relate. The weighbridge building lies within the area to which the Enforcement Notice in respect of the “storage” use relates. 3.0 GROUNDS FOR THE APPEALS

Ground (a)

3.1 The Ground (a) appeal relates to the service of the second Enforcement Notice identified in paragraph 1.1 of this Statement. This Notice relates to the open storage of materials, some of which are stacked upon, or enclosed within, pallets and crates.

3.2 The Prohibition Order, which requires the completion of site restoration works by September 2017 effectively separates the rear portion of the area to which the Enforcement Notice relates from the area to the front, lying between the existing/proposed bund and the woodland along the frontage to Hassop Road. This appeal does not seek to include within Ground (a) this rear area and the appeal under this Ground is therefore confined to the latter area. It is delineated on the plan attached as Appendix C.

3.3 The appellant considers that there is justification for the grant of planning permission, albeit on an initial temporary two years basis, whilst, in the presumption that planning permission is likely to be granted, the employment unit to which reference is made in paragraph 2.8 above is developed. Companies associated with Bleaklow Industries Ltd are involved in a number of strictly local developments where the use of quality building materials is essential. This requirement relates, in part, to the proposed construction of the new employment building which will be carried out to a very high standard. Other developments in the nearby area will also draw on these stored materials. Indeed, the appellants’ associated Companies are working closely with the National Park Authority to secure environmental improvements, particularly the reconstruction of dry stone field boundary walling within nearby upland areas. Opportunities to store conveniently such materials for short-term usage are few and far between locally. 3.4 The Authority’s reasons for issuing the Enforcement Notice include, at c), the visual impact of the storage materials. It is alleged that this results in a detrimental visual impact for footpath users, in particular, and, to a lesser extent for persons using the adjacent roads and open access land. The appellant refutes that there is such adverse visual impact from footpaths in the area.

3.5 Paragraph 2.6, above, refers to a public footpath to the south-east of the appeal site, leading from Bramley Lane, through Bramley plantation and Bank Wood wherefrom, over a short distance, as the Inspector will be able to observe, there is a view into the rear area of the Quarry. There are no direct views, however, into the frontage sections of the Quarry’s platforms or of the area wherein heavy vehicle parking takes place. The reasons for issuing the Enforcement Notices are, accordingly, considered to be fundamentally flawed. The Authority has been pressed to explain which footpaths provide for views of the storage area to which this Enforcement Notice relates. An exchange of correspondence with the Authority has evidenced a fundamental misunderstanding about visibility of the Quarry floor from public footpaths in the area. The exchange of correspondence is attached at Appendix D. The Authority’s response mentions the footpath to which reference is made above but also the footpath running along the front of the Quarry entrance and “along the north of the site adjacent to Bramley Lane”.

3.6 As a first consideration, there are no open views of the stored materials from the diverted Footpath 10 which is the one that crosses in front of the site access. Equally, there are no views into the Quarry floor from public rights of way adjacent to Bramley Lane. (See paragraph 2.5 above). These considerations are all the more important when the Authority’s “Delegated Enforcement Report” dated 7 June 2016, is examined (see Appendix E). In paragraph 2 of the introduction to that Report, it is stated that “open access land gives the public the right to access open country, much of which is unenclosed, without keeping to public paths. A public footpath runs along the northern edge of the site atop the remaining cliff face which provides public views down into the areas used for storage and haulage. Another footpath runs along the roadside of the site which has recently been subject to a diversion order as a result of alterations to the site access\*. It is further stated that whilst the site does have significant tree cover to the south and south-west at present, "many mature trees have been removed in recent years leading to a wider mouth at the entrance providing some views into the site from the highway and roadside footpaths".

3.7 Since the reasons for serving the Enforcement Notice cannot be severed from its requirements, the Inspector is asked to examine the claims set out above in the light of the appellant's rebuttal. There are, it is submitted, no such views from "open access land". There is no public footpath "along the northern edge of the site atop the remaining cliff face." The nearest public footpath in a north-westerly direction provides no public views down into the areas used for storage and haulage because of the topography of the site and the physical separation between the public right of way and the Quarry area. There are only very short-term, oblique views of the HGV parking area and area used for storage to its rear from that point in the footpath FF10 where it crosses the site entrance.

3.8 Of equal concern is the allegation that "many mature trees have been removed in recent years leading to a wider mouth at the entrance". The appellant has owned the site since 2012. The Company has no knowledge of any trees that may have been removed prior to that time but, since 2012, only one tree, which was leaning dangerously, has been removed and its absence has been compensated for by considerable additional screen planting the nature of which has been accepted by the National Park Authority.

3.9 It is considered that the Enforcement Notice in respect of the storage areas and, moreover, the area used for the parking of HGV's and associated vehicles was predicated by an entirely false appreciation of the public visibility of the areas to which the Notices relate. This has, in turn, resulted in the submission of appeals that could, quite reasonably, have been avoided. The appellant submits, strongly, that there is a significant injustice in the service of the Notices and, as a consequence, their excessive requirements and inappropriately short periods for compliance.

3.10 Since it is considered that the area to which the Ground (a) appeal relates is discreetly sited and not open to prominent view, it is submitted that a two years temporary planning permission will be appropriate. It is not considered that any short-term harm, however limited, will result from such a grant of temporary planning permission and that, as a matter of balance, such a permission will assist the site owner to both satisfy the requirements of the Prohibition Order and implement a beneficial proposed planning permission.

3.11 The appellant’s Hearing Statement will set out full details based on the above Grounds.

Ground (d)

3.12 The Ground (d) appeal relates to the service of the Enforcement Notice identified in paragraph 1.1, above.

The parking of Heavy Goods Vehicles by the site user, Alfred Sammans, a local Haulage Contractor, was commenced in April 2005. His Company operates from premises at Mount Pleasant Garage, Grindleford, approximately 4 miles to the north. Those premises are severely constrained and this has resulted, historically, in some of his Heavy Goods Vehicles being operated from other locations. Prior to April 2005, Mr Sammans had used a facility at Darlton Quarry, Stoney Middleton, which was then expected to close. The availability of an area at Backdale Quarry, adjacent to the slaked lime plant was attractive because, although separated by the 4 miles from the Company's base at Grindleford, it afforded easy access and the then Quarry operator used the Company's services from time to time.

3.13 Evidence will be provided to support the claim that the use at Backdale Quarry for the parking of Heavy Goods Vehicles and associated matters, as referred to in the Enforcement Notice, has taken place on a continuous basis since April 2005.

3.14 Indeed, during May 2005, there was an incident whereby malicious damage was caused to plant at the Quarry and several of Mr Sammans' lorries were damaged by the application of super glue to door locks. Pursuant to that, Mr Sammans contributed, with the site operator, to the engagement of a local security firm to oversee the site from a crime prevention point of view.

3.15 Mr Sammans did operate on behalf of the Quarry operator but his vehicles parked at the Quarry were also operating for other users, particularly a Rotherham-based Company and also, initially, the operators of Darlton Quarry, Tarmac PLC.

3.16 It is clear that the use of the site for the purposes of parking Heavy Goods Vehicles, articulated trailers and staff means of transport was not solely ancillary to operations at Backdale Quarry between 2005 and 2009.

3.17 In 2009, quarrying ceased. Since that time, Mr Sammans has continued to operate part of his fleet of vehicles from the land servicing a wide customer base. It is submitted that it is clear that, on the date the Enforcement Notice was served, the ten years' time limit in respect of the change of use to the purposes of Heavy Goods Vehicle parking had been considerably exceeded. It is for that reason that the Ground (d) appeal should succeed. 3.18 The Enforcement Notice relating to "use for storage and imported building, landscaping or reclaimed materials, logs, steel container, pallets, crates and mobile buildings" fails to recognise that the one "mobile building," located within the area to which the Notice relates, is that identified in paragraph 2.9, above whereby there is a long-established associated linked administrative building servicing the weighbridge. It contains the equipment to monitor and provide the information in respect of weighed vehicles. This building has been in place for considerably more than four years. The building is a permanent one and is fixed to the ground. The appellant submits that the retention of this building is also immune from action, this time arising from its presence in the current location for a period of considerably more than four years prior to the service of the Enforcement Notice.

**Ground (g)**

3.19 The appeals under this ground are, in the case of each Enforcement Notice, that the time given to comply with the Notices is too short. If, therefore, the Ground (d) appeal in respect of the Heavy Goods Vehicle parking does not succeed, it is most strongly submitted that the period of just one month after the Notice takes effect is far too short a period for the operator of the Heavy Goods Vehicles to find alternative parking accommodation. This is particularly so in the context of available sites within nearby areas of the Peak National Park. It has already been indicated above that the main operating base of Alfred Sammans is overcrowded and that it is severely constrained by the immediate proximity of housing development. No other immediately available alternative sites appear available in the nearby area that could be prepared and used within one month of the Enforcement Notice taking effect, bearing in mind that negotiations for the lease or purchase of such an alternative location would inevitably take a period of time to complete, quite apart from the necessity to prepare any suitable location in the interests of operational efficiency and safety. 3.20 The site to which this Enforcement Notice relates is not subject to the restoration requirements of the Prohibition Order but, nevertheless, it is considered that, should the Ground (c) appeal not succeed, a minimum period of nine months should be allowed in order that a suitable alternative location be identified and developed. The Authority has been aware of the use for many years and has not previously considered it expedient to take enforcement action.

3.21 Insofar as the Enforcement Notice relating to the open storage is concerned, a considerable amount of material would require to be moved off site within a period of two months of the Enforcement Notice taking effect. Again, this is far too short a period of time, given the nature of the materials involved, to identify, seek control of and develop an alternative location, bearing in mind that discreetly located, nearby sites for this type of use are difficult to identify within the National Park. Insofar, however, as the platform within the Quarry floor, itself is concerned, it is considered reasonable, having regard to the restoration requirements of the Prohibition Order, that a maximum period of six months for compliance be regarded as realistic. Insofar as the storage of materials between the screen bund and the wooded frontage to Hassop Road is concerned, there is an even larger amount of materials to relocate. Bearing in mind that it is hoped that the site will be developed quickly by the erection of the employment unit and that this will utilise a significant amount of stored materials, it is considered that a minimum period of twelve months would be appropriate in that case.

3.22 If considered necessary, it is requested that the Inspector decides accordingly. area to which Ground (a) relates (see paragraph 3.2 of Grounds of appeal) Dear John,

Very sorry about not getting back to you sooner on this, I had just wanted to clarify with our legal team last and other issues kept cropping up. However please find below a response to each of the points raised:

1. The footpaths implied run along the front of the quarry entrance, along the north of the site adjacent to Bramley Lane and on the other side of the valley through the Bramley Plantation. The roads are the B6001/Hassop Road and the open access land is a large area to the North-East of the open quarry face above Back Dale Wood; running East below Bleaklow Farm to just North of Great Longstone.

2. This is a relic from when drafting the original Enforcement Notice document combining both breaches. It was later decided to serve the two notices for clarity, however the typo was left in error, but we believe the context of the Notice and the description of the breach and steps set out in the notice are sufficiently clear as to what activity is referred to.

3. If you are referring to the Enforcement Notice regarding to haulage use, this was served as a result of the observation of the operator believed to be using the site and from the PCN response. If you refer to the annex attached to the Enforcement Notice referring to storage and believe this includes Alfred Arthur Sammons in the Annex, we wonder if this could be the result of the haulage use Annex form being attached to the storage Notice. However if this is the case the information included within the Annex is identical and relevant to the notice to which it was attached and in actual fact the only Notice served directly to Alfred Arthur Sammons was a copy of the haulage notice. In addition both notices were attached to the entrance gate of the premises for the attention of all site occupiers.

I hope this sufficiently answers your queries however if you want to discuss further or raise any other points please feel free to get back in touch.

Regards

Chris

From: mell [mailto:mell@johnchurchplanning.co.uk] Sent: 14 July 2016 15:43 To: Anslow-Johnson Christian Cc: Newman Jane Subject: Enforcement Notice: Land at Backdale Quarry, Hassop Avenue, Hassop. H110B

H110B

I refer to the letter addressed to my client, Bleaklow Industries Ltd on 7 July 2016, attaching an Enforcement Notice relating to the above property. I am instructed with regard to the Notice and there are three matters upon which I request clarification.

1. Reason c) refers to ".. a detrimental visual impact for footpath users in particular and to a lesser extent for persons using the adjacent roads and open access land....." Since it is an expectation of a Enforcement Notice that it is specific as to its reasons, I should be grateful if you will identify the public footpaths in question and also the relevant adjacent roads and open access land.

2. Reason: f) refers to "... storage of materials and the parking..." (My emphasis). Having regard to the matters which appear to constitute the breach of control, I note that no allegedly unauthorised parking is mentioned. Can you please be specific as to this reason?

3. I note that a copy of the Enforcement Notice was served on Alfred Arthur Sammans. We are not aware that Mr Sammans has an interest in the land to which the Enforcement Notice relates and perhaps you will clarify the reason for serving the Enforcement Notice upon him.

As you will appreciate, there is some urgency, from a timescale point of view, that this information is provided speedily and I look to your co-operation in that respect.

With regards,

John Church

John Church Planning Consultancy Limited Victoria Buildings 117 High Street Clay Cross Chesterfield Derbyshire S46 9DZ Tel: 01246 861174 Fax: 01246 861097 E-mail: mail@johnchurchplanning.co.uk

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Case Officer: CAJ P-File No: 2832 Date of Report: 7th July 2016 Enforcement No: 15/0021

National Planning Policy Framework: Paragraph 115 Core Strategy: GSP1, GSP2, GSP3, L1 Local Plan Policies: LC1, LC21, LT10

Introduction

This report seeks delegated authority for enforcement action to be taken in relation to the use of land to the North-West of the B6001 Hassop Road at the former Backdale Quarry site for the mixed use of storage and haulage. The land in question is a former quarry with historic permissions for the extraction of fluorspar and (in part of the quarry site) and established use as slaked lime production.

To the west of the site is Hassop Common, an extensive area of open and wooded land which is designated under the Countryside and Rights of Way Act 2000 as open access land. Open access land gives the public the right to access open country, much of which is unenclosed, without keeping to public paths. A public footpath runs along the northern edge of the site atop the remaining cliff face which provides public views down into the areas used for storage and haulage. Another footpath runs along the roadside of the site which has recently been subject to a diversion order as a result of alterations to the site access.

The land falls within part of the both ‘limestone hills & slopes’ and ‘estate lands’ in the Authority’s Landscape Character Strategy and Action Plan (2009). The area is characterised by high undulating sloping topography, rich wildlife habitats, occasional small or large groups of trees with varying open views and small villages and outlying estate farmsteads. The site does have significant tree cover at to the south and south west at present, although none are protected by TPOs or within conservation areas and many mature trees have been removed in recent years leading to a wider mouth at the entrance providing some views into the site from the highway and roadside footpath.

Site History

The most relevant case history is as follows:

November 1996 – advertisement consent application granted for erection of signage for Bleaklow Industries

July 2003 - it came to the Authority’s notice that a new operator, Merrimans, had arrived on site and had started to work at Backdale.

August 2003 – PCN responses show that the site is being worked predominantly for limestone which the Authority considers not in line with the 1952 planning permission. November 2004 - enforcement notice issued in relation to limestone extraction.

January 2006 – Stop Notice Issued in relation to limestone extraction.

March 2006 – Enforcement Notice declared a nullity

April 2006 – Temporary Stop Notice served in relation to limestone extraction

May 2006 – Enforcement and Stop Notices served in relation to limestone extraction. Mineral extraction ceases.

April 2007 – Planning Inspectors upheld and varied EN

July 2007 – Stop Notice withdrawn

September 2007 – Mineral working resumed

January 2008 – Stop Notice served regarding extraction of limestone. Exportation and processing of minerals (crushing and screening) continues.

March 2008 – High Court allows appeal against Inspectors decision

March 2009 – Court of Appeal allows appeal against High Court decision

September 2009 – No exportation of mineral or associated activity evident on the site

January 2013 – A Prohibition Order is served to achieve the cessation of mineral working under the 1952 planning permission 1892/9/69

July 2013 - lawful development certificate application submitted but later withdrawn for the manufacture of slaked lime putting and pre-mixed mortars from imported materials and use of land for ancillary offices.

January 2014 – lawful development certificate was submitted and granted for the manufacture of slaked lime putting and pre-mixed mortars from imported materials and use of land for ancillary offices. The area the subject of the LDC is shown on the attached plan (edged red)

March 2015 – a planning application was submitted for the restoration of the quarry, construction of new employment building, associated landscaping operations and access improvements. This is subsequently under determination subject to the outcome of the prohibition order. January 2018 – a public enquiry was undertaken to arrange the restoration scheme of the site in line with the authority’s recommendation. June 2016 – Secretary of State confirms Prohibition Order with modified restoration and aftercare scheme.

**Breach of Planning Control:**

Although winning and working of minerals and deposit of waste has ceased the quarry is still a disused quarry subject to restoration and aftercare. Mineral development is "operational" development. Part of the site (a planning unit in its own right) is subject to a CLUED for lime slaking and ancillary offices.

It appears on the evidence available that part of the site is currently being used for storage of construction and building materials and another part is use as a haulage yard for overnight and daytime parking of HGV vehicles and parking for drivers’ personal cars.

There has been a historic mixed use of mineral working (largely unauthorised since the mid 1990’s). Haulage vehicles were associated with this use, and associated parking of haulage vehicles overnight and during the day was ancillary to this use. In a meeting between the Authority and the landowner on 08/06/16 the owner’s agent stated that the haulage use of the site was previously associated with ‘carting minerals’. The exportation of mineral won and worked on the site continued until September 2009.

In addition the mineral extraction operations, part of the disused quarry site has a separate Lawful Use Certificate for the processing of slaked lime, as it was proven that the use had been carried out for the ten years preceding January 2014. The limestone used in this process was stated to be imported to the site and exported for sale (no sales take place on the site). That use is sui generis and the nature and extent of that use is set out in the LDC.

In March 2012 Bleaklow Industries Ltd changed hands and since that change of ownership the land has been used for the storage of varying building materials including reclaimed materials, timbers, stone, aggregate, drainage pipe and others. It is understood that these materials are not being offered for sale at the site as a builder’s merchant, but are instead as a result of and for use in other construction projects by the site owner. The beginning of this storage started a mixed use of the site for storage of materials and haulage associated with the previous operations, subsequently becoming a use in its own right.

The issue of a historic use for HGV parking has been suggested on a PCN response from the company, but this has not been substantiated. In addition it should be noted that throughout previous enforcement enquiries from member of the public and site monitoring there has been no mention of this independent use. In fact only the most recent enquiries mention this specifically, suggesting an increase in activity not previously noted other than incidental to the undertaking of works with previous permissions.

On site the haulage use and the storage use appear in distinct areas of the disused quarry site. There is an area of logs/branches which largely separates the two areas, bearing in mind that heavy vehicle access is taken to all parts of the site.

In this report “Planning Unit A” relates to the land used for the mixed use for HGV parking and operating (with associated parking) and for slaked lime production. “Planning Unit B” refers to the land used for the storage of construction and building materials.

All access to the site is taken through the main entrance.

There is currently no planning permission in place for this use and S.171A(1)(a) of the Town and Country Planning Act 1990 says that carrying out development, in this case a material change of use, without the required planning permission constitutes a breach of planning control.

**Relevant Policy** The National Planning Policy Framework states in paragraph 115 that great weight should be given to conserving landscape and scenic beauty in the National Parks.

Policy GSP1 of the Authority’s Core Strategy, ‘Securing National Park purposes and sustainable development’ states that all development shall be consistent with the National Park’s legal purposes and duty, which aim to conserve and enhance the natural beauty, wildlife and cultural heritage in the National Park. It also states that where there is an irreconcilable conflict between the statutory purposes, the Sandford Principle will be applied and the conservation and enhancement of the National Park will be given priority.

Policy GSP2, of the Core Strategy, ‘Enhancing the National Park’, states, amongst other things, that opportunities for enhancing the valued characteristics of the National Park will be identified and acted upon.

Policy GSP3, ‘Development management principles’, states that development must respect, conserve and enhance all valued characteristics of the site and buildings that are subject to the development proposal. The policy states that particular attention will be paid to, amongst other things, scale of development appropriate to the character and appearance of the National Park; form and intensity of proposed use or activity and impact on access and traffic levels.

Policy L1 of the Core Strategy, ‘Landscape character and valued characteristics’, states that development must conserve and enhance valued landscape character, as identified in the Landscape Strategy and Action Plan, and other valued characteristics.

Policy E2 of the Core Strategy ‘Businesses in the countryside’ requires that Proposals for business development in the countryside outside the Natural Zone and the named settlements in policy DS1, must take account of the following principles: ‘Businesses should be located in existing traditional buildings of historic or vernacular merit in smaller settlements, on farmsteads, and in groups of buildings in sustainable locations’.

Saved Local Plan policy LC21, ‘Pollution and disturbance’, states that development that presents a risk of pollution or disturbance that could adversely affect, amongst other things, the amenity, ecology, or other valued characteristics of the area; or existing recreation activities, will not be permitted unless adequate measures to control emissions within acceptable limits are put in place, and (when the permitted use finishes) appropriate removal of any pollutants from the site is assured.

Saved Local Plan policy LT10, ‘Private non-residential (PNR) parking’ states, amongst other things; that in new development parking must be of a very limited nature or accompanied by on-street waiting restrictions, especially in areas served by good public transport.

Comment

In this case, the land is situated in an open countryside location close to open commons and is visible from the adjoining road and clearly visible from nearby public rights of way, including the public footpaths which cross the land. It is considered that the use of the land for mixed use storage of materials and HGVs has a detrimental impact on the valued characteristics of the local area contrary to the NPPF para 115 and GPS1. The valued characteristics are listed in paragraph 9.15 of the Core Strategy. In this case the following valued characteristics are considered to be particularly relevant:

- natural beauty, natural heritage, landscape character and diversity of landscapes;
- opportunities to experience tranquility and quiet enjoyment
- sense of wilderness and remoteness;
- distinctive character of hamlets, villages and towns;
- clean earth, air and water; It is understood that the operator of the haulage company has an agreement to use the site as a parking depot for overnight and daytime storage of vehicles as well as drivers' personal vehicles. This is contrary to policy LT10.

It is clear from our records that the haulage use on the land was ancillary to the exportation of won and worked minerals on the land until September 2009. From 2009 to now is a period of 7 years and therefore a lawful use cannot have accrued.

It appears from our records that storage commenced in 2012. This use appears from our records to have carried on for a period of 4 years and therefore a lawful use cannot have accrued.

The slaked lime putty business is described in the CLUED as independent from the surrounding quarry area and is limited as follows (1) hours of operation between 8am and 6pm Mondays to Fridays and 8am to 1 pm on Saturdays, except on public and bank holidays No more than 16 lorry movements (8 in and 8 out per day) Outside storage of raw materials confined to the storage bunkers on the upper tier to a maximum height of 2m Parking limited to area next to the plant, the rear upper level and the area in front of the "office" Slaked lime production no more than 1920 tonnes per annum).

Both unauthorised uses are not considered to be an appropriate development because they do not encourage understanding or enjoyment of the National Park and the activity is likely to detrimentally impact on other people's existing and appropriate recreational activities including the quiet enjoyment of the National Park. This is contrary to GPS2 and GPS3.

In particular, those persons using the adjacent roads, public footpath network and the nearby open access land are likely to suffer significant noise, dust and traffic impacts as a result of the movement of heavy goods vehicles. This is contrary to GPS2.

The presence of materials and vehicles on the land and the increased vehicle movements along highways results in a detrimental visual impact for footpath users in particular and to a lesser extent for persons using the adjacent roads and open access land. This is contrary to GPS2.

The development perpetuates and intensifies the industrialised character of the site on the locality. The impacts of the site are contrary to GPS3 L1 and LC1. The haulage aspect of the use in particular is a commercial activity which is contrary to policy E2 of the local plan as it is not within a listed settlement.

The B6001 road, which the access land opens onto, is a busy classified road with a 50mph speed limit at this location with adequate visibility splays for this speed limit. However this road is regularly subject to motorists significantly exceeding this speed limit and commonly performing high speed overtakes past the junction into the site. The overhanging trees lining both sides of the highway and the sloping topography mean visibility down the entire stretch of the road is also inhibited during the majority of the spring and summer months. The continued unauthorised use of the access would be likely to lead to increased highway safety concerns. The movements associated with haulage and transportation of goods exacerbates these issues due to the slow movement of large vehicles and the potential need to stop at the entrance to the site on both sites of the road. This is contrary to policy LC21.

The current mixed use for haulage/parking and for slaked lime production represents a material change in the use of the "Planning Unit A" because:

(a) it is not linked to levels of slaked lime production,

(b) the hours of movement are not in accordance with the CLUED operational hours,

(c) operatives are not remaining on the site to slake lime not transporting slaked lime product, and therefore represents an intensification in the vehicular movement, comings and goings and has a detrimental effect in terms of the visual impact of the activity at the site, as seen from the adjoining road (B6001) and nearby viewpoints.

In respect of "Planning Unit B" the change of use has resulted in a prolongation and intensification of the industrial character of the site, over and above the activity that is otherwise permitted (which related to the restoration and aftercare of the disused quarry). The use also has a material adverse effect on the restoration and aftercare of the former quarry site. No lawful use appears to have accrued and therefore it is expedient to take enforcement action to secure cessation of the uses.

**Human Rights**

In determining whether to take enforcement action, consideration must be given to the rights and freedoms afforded by the Human Rights Act 1998. Article 8 and Article 1 of the first protocol to the Convention on Human Rights state that a person is entitled to the right to respect for private and family life, and the peaceful enjoyment of his/her property.

However, these rights are qualified in that they must be set against the general interest and the protection of the rights and freedom of others.

In this case, it is considered that the landowner's operation of i) storage & ii) HGV parking use out of his property does not outweigh the significant harm that the unauthorised development has on the valued characteristics of the National Park, when having regard to the rights and freedoms of others. This is because of the significant adverse effect that retention of the unauthorised development would have on the landscape quality of the National Park taking into account the retention of the unauthorised development would undermine the application of local and national planning policies adopted by the Authority and the Government to safeguard a landscape of exceptional value, which the nation has chosen to safeguard because of its scenic beauty.

Article 6 otherwise states that, in relation to a person's civil rights and obligations, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. In this case, anyone served with legal notice(s) has the right of appeal to the Secretary of State against such notice(s). As a result it is considered that the rights afforded under this Article would not be adversely affected.

**RECOMMENDATION:**

That formal enforcement action be AUTHORISED to secure:

(a) the cessation of the use of Planning Unit A for:

i) the parking of heavy goods vehicles not directly associated with the production of slaked lime

(b) the removal from the land of any associated materials and vehicles, within a period of one month from the date the notice becomes effective;

(c) the cessation of the use of Planning Unit B for the storage of builders/reclaimed materials and

(d) the removal from the land of the builders/reclaimed materials and associated pallets, "mobile buildings", and other paraphernalia within a period of two months from the date the notice becomes effective. SCREENING OPINION

T&CP (Environmental Impact Assessment) (E&W) Regulations 1999

ENF: P2382

Location: Land at Backdale Quarry, Hassop Avenue, Hassop

Development:

c) Material change of use of the land for a mixed use of storage and use as a haulage yard.

d) PLEASE INDICATE BELOW WHICH SCHEDULE THE PROPOSAL FALLS WITHIN AND FOR SCHEDULE 2 PROJECTS INDICATE WHETHER AN EIA IS REQUIRED GIVING REASONS

1. The proposal falls within Schedule 1 and therefore an EIA has to be provided.

2. The proposal falls within Schedule 2 of the regulations and an EIA is required for the following reasons:

3. The proposal falls within Schedule 2 Part 10(b)– Urban Development Projects, of the regulations and is located within a ‘sensitive area’ as defined in regulation 2(1) of the EIA Regulations. The Peak District National Park Authority, as the relevant Planning Authority, and in consideration of sufficient information for the purpose, has adopted a screening opinion that the proposed development as described falls within Schedule 2, [10 Infrastructure projects (c) Construction of intermodal transhipment facilities and intermodal terminals] of the EIA Regulations and IS not EIA DEVELOPMENT for the following reasons:

The development is unlikely to have a significant effect on the environment by virtue of factors such as its nature, size and location. The site lies within the National Park which is a sensitive area for the purposes of the regulations. The impacts are not considered to be of such complexity or magnitude to warrant an environmental impact assessment considering the below factors.

Traffic, Noise and Dust

It is considered that due to the scale of the development, noise and dust impacts associated with the development are not significant. The land used for the haulage and associated development is screened and views of the development are limited. The development is not considered likely to have a significant effect on the ecological interests at the quarry or the known palaeontological interest, due to the location within the quarry of the planning unit relating to haulage and associated activity. Conclusion

An ES is not required to be produced in order to assess the effects of the proposed changes on the environment of the National Park as they are not considered likely to be significant or permanent in nature.

The development is not likely to have significant effects on the environment within this part of the National Park such as to adversely affect one or more of the interests identified in schedule 3 of the EIA Regulation 2011.

Signed

Jane Newman Minera's Team Manager Peak District National Park Authority

Date

01629 816 265

Chris Anslow - Johnson

01629 816 224